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Ruth Elaine McMahon

Ruth McMahon’s Answers

4,106 total


  • As a durable and medical power of attorney for my father, what rights do I have?

    My father is currently is the beginning stages of dementia and has had 2 heart episodes within a 4 month period. My sister is a nurse and made the decision, without consulting me, that she would take him home with her and keep him there. She also ...

    Ruth’s Answer

    Some POAs take effect immediately; some do not. Please take a copy of your POAs to an estate attorney so that he/she can advise you of your rights under the documents.

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  • I don't have anyone I know and trust now to be my agent for health care power of attorney or for financial power of attorney.

    I was able to perform health care power of attorney and financial power of attorney for members of my family but I don't have anyone dependable now to do these things for me. I don't want to find myself forcibly placed under conservator ship or g...

    Ruth’s Answer

    talk to your attorney about a "Standby Guardian" for your brother (someone who will take over at your death). If you trust your attorney (if not, find one you do trust), he or she could serve as your Agent. You can ask your attorney about guardians - some states do not allow them to be Agents under a financial POA. As we get older, the field of potential agents grows smaller due to their deaths. You can name several individuals and indicate the order in which they would serve. How about your spiritual advisor as Agent?

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  • Last Will & Testament

    I am a 3rd wife. No children with my husband. Reading the copy husband just gave me of last will and testament that he had drawn up with his attorney ...says I receive amount allowed by law under I.C. 29-1-4-1 and 29-1-2-1 as if he died intest...

    Ruth’s Answer

    Generally, if someone has a trust, he//she funds the trust with all of his/her assets. This avoids probate. If your husband funded his trust, the bequest to you will be found in the trust, not in the Will. Ask your husband what this means, if his trust is funded and how he provides for you in his trust. I do not practice in Indiana, but most states allow a spouse to "elect" against a will/trust to obtain 1/3 of the estate.

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  • What do I need to do to get some of my deceased mothers items?

    My mother passed away in 2003 when I was five years old. My stepfather has all of my deceased mothers items, I am now 18 but he refuses to give me anything. All I was wanting was a chest that was made for me when I was a baby that contains a few i...

    Ruth’s Answer

    I'm sorry to hear about your problem. Most likely, everything was left to your stepfather. If that is so, he has a right to keep the chest and statue. Try to reason with him... perhaps he will leave the items to you when he passes, if not before.

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  • How do I find out the name of the administrator/executor/personal representative for an estate in Washoe county, Nevada?

    A realtor has contacted my cousin to sell her brother's house in Sparks, NV. Her brother died in 2015. The realtor will not release ANY information to her.She did send a 14 page document, to sell the house, for her to sign. My cousin has not r...

    Ruth’s Answer

    The Will and probate must be filed in the county where the brother lived. Since the clerk had no information for her, she should contact an estate attorney in the county where the brother lived. He/she can look at court dockets and provide her with the information she needs. If the will has not been filed and/or an estate has not been opened, it appears that there could be a problem. Is your cousin the only heir or are there other siblings?

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  • Can I enter into a lease agreement with my 13 year old niece?

    My niece was injured as a baby and received a settlement because of it. Her mother, my sister, is a neglectful parent. She doesn't work, drive, cook, clean, or set any type of good example for my niece. My niece and I are very close, and I have...

    Ruth’s Answer

    A minor cannot enter into a contract - and a lease is a contract. It will be difficult - if not impossible - for your niece to become emancipated at 14. You have no right to reside with your sister and niece unless your sister agrees, There are too many facts missing in order to answer your question fully. Please consult a local attorney.

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  • Am I entitled to a refund?

    I signed up for a teacher training course that required 200 hours of training to graduate. My husband was hospitalized twice during this training which caused me to miss about 24 hours of training. The instructor and I emailed back and fourth wi...

    Ruth’s Answer

    You probably are not entitled to a refund because you took the class. Please consult a business attorney and take all of your documents to the conference with him;/her to see if there is any recourse.

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  • Can I sue a former employer for leaking personal information?

    I was notified yesterday by a former colleague that my former employer sent out the 2015 W2 forms to a scam company. I have not worked for the company for 9 months and I want to take legal action against them for their lack of responsibility.

    Ruth’s Answer

    You can sue - but at what cost to you? Have you been damaged by their negligence? The court needs to find liability & damages in order for a plaintiff to prevail. There are court filing fees, attorney fees, etc. to consider. And, you need to prove the lack of responsibility caused damages to you.

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  • Husband transferred all of our money into trust and then he sue me for divorce

    My husband transferred all of our assets into a trust for his benefit only and the trustee is son from first marriage. After he made trust he sues me for divorce. He left little money to me to survive and now he moved to California with that son....

    Ruth’s Answer

    My best advice is to talk with an attorney ASAP. There is hope, but you will need legal help now. Good luck!

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